01Acceptance of these terms
These Terms of Service (the “Terms”) form a binding agreement between you (the “User,” “you”) and HMM Trade, LLC, a California limited liability company operating the HMM Trade platform (the “Service,” “we,” “us”). By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and our Risk Disclosure. If you do not agree, do not use the Service.
You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) to use the Service. By accepting, you represent that you meet this requirement and that you have the legal capacity to enter into a binding agreement.
02What the Service does
HMM Trade is a software platform that lets users build, configure, and run automated trading bots which connect to third-party brokerage accounts (“Brokers”) via API keys or OAuth tokens you supply or authorize. The Service offers a free local self-hosted tier and paid hosted tiers in which we run your bot on cloud infrastructure on your behalf.
We are not a Broker, exchange, money transmitter, investment adviser, or financial institution. We do not custody your funds, do not place orders on our own behalf using your account, and do not recommend specific securities, strategies, or trades. The Service is a tool that executes the configurations you choose against the Broker you connect.
03Eligibility and restricted territories
You may not use the Service if you:
- Are a resident or citizen of a country subject to United States, United Kingdom, or European Union sanctions, including but not limited to Cuba, Iran, North Korea, Syria, the Russian Federation, Belarus, the Crimea, Donetsk, Luhansk, Kherson, and Zaporizhzhia regions of Ukraine;
- Are listed on a sanctions, denial-of-service, or politically- exposed-persons list maintained by any government with jurisdiction over us;
- Are prohibited from using the Service under the laws of your country, state, or province; or
- Have previously had your access to the Service terminated for breach of these Terms.
You are solely responsible for determining whether your use of the Service is lawful in your jurisdiction. If your status changes such that this Section is breached, you must immediately stop using the Service and notify us.
04Your account
To use most features you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity that occurs under your account, including activity by anyone you allow to access it.
Security. You must keep your password and any API keys, tokens, or recovery phrases confidential. Enable two-factor authentication where available. Notify us immediately at security@hmmtrade.com of any suspected compromise. We are not liable for losses arising from unauthorized access to your account caused by your failure to safeguard credentials.
We may suspend or terminate accounts that we reasonably believe are sharing credentials, used by multiple natural persons under one subscription, or operated by automation that violates these Terms.
05License to use the Software
Subject to your compliance with these Terms and ongoing payment of any applicable fees, we grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal trading purposes during the term of your subscription.
You may not, and may not permit any third party to:
- Reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service that is not made available under an open-source license;
- Resell, sublicense, lease, time-share, or otherwise commercially exploit the Service to manage funds for third parties;
- Remove or alter copyright, trademark, or other proprietary notices;
- Use the Service to develop a competing product or to train a machine-learning model on its outputs without our written consent;
- Attempt to circumvent, disable, or otherwise interfere with security-related features of the Service.
06Broker connections and third-party services
To execute trades, you must connect a Broker account by supplying API credentials or completing an OAuth flow. You authorize us to use those credentials solely to perform the actions your bot configuration requires (place orders, query balances, subscribe to market data) and, on paid tiers, to store the credentials encrypted using envelope encryption backed by a Cloud Key Management Service.
Your relationship with each Broker is governed by that Broker's own terms and policies. We are not a party to that relationship. We do not control, and are not responsible for, the availability, performance, accuracy, or fees of any Broker, exchange, market-data provider, or other third-party service the Service interacts with.
You are solely responsible for ensuring that your use of the Service complies with the terms of every Broker, exchange, and regulator with jurisdiction over your trading activity, including pattern-day-trading rules, options-approval levels, and market-data redistribution restrictions.
07Your responsibilities and acceptable use
You agree that you will not, and will not attempt to:
- Use the Service to engage in market manipulation, wash trading, layering, spoofing, front-running, insider trading, or any other unlawful trading practice;
- Use the Service to violate the terms of any Broker, including by exceeding rate limits or circumventing pattern-day-trader rules;
- Upload or transmit malware, exploit code, or content that infringes intellectual property, defames, harasses, or violates any law;
- Probe, scan, or test the vulnerability of the Service except via our published bug-bounty channel;
- Interfere with the Service's operation or with other users' access to it.
You acknowledge that you remain solely responsible for the configuration of your bot, the strategies it executes, and every trade it places. You should monitor your bot, validate its behaviour in paper-trading mode before going live, and maintain independent kill-switches at your Broker.
08Subscriptions, fees, and taxes
The Service is offered on a free tier and on paid subscription plans (Pro, Live, Enterprise). Plans, features, and prices appear on our pricing page and are incorporated by reference. The price displayed at checkout is the price you pay; we may change pricing prospectively but will not change the price for a billing period after it begins.
Subscriptions renew automatically at the end of each billing period (monthly or annually) at the then-current price unless you cancel beforehand via the Stripe customer portal accessed from the Billing page. Fees are billed and charged through Stripe. You authorize us, through Stripe, to charge your payment method for all fees due.
You are responsible for all sales, use, value-added, goods-and-services, withholding, and similar taxes assessed in your jurisdiction in connection with your use of the Service, excluding our income taxes. Where required by law we will collect such taxes and remit them to the appropriate authority.
09Refunds and cancellation
We offer a pro-rated refund of any unused portion of a paid subscription if requested within fourteen (14) days of the most recent charge AND you have not executed any live (real-money) trades during that billing period. Refund requests should be sent to billing@hmmtrade.com and are processed within seven business days.
Outside this window you may cancel at any time through the customer portal; cancellation stops the next renewal but does not refund the current period. You retain access through the end of the period you have already paid for.
We do not refund fees attributable to losses incurred while trading. Trading losses are not a defect in the Service — please review our Risk Disclosure.
10Intellectual property
We and our licensors retain all right, title, and interest in and to the Service, including all software, designs, trademarks, and content other than User Content (defined below). Nothing in these Terms grants you any IP rights other than the limited license in Section 05.
User Content. Any bot configurations, strategies, comments, or other material you upload or create via the Service (“User Content”) remains yours. You grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, and otherwise process your User Content as necessary to provide and improve the Service. We will not sell your User Content or use it to train third-party AI models without your consent.
Feedback. If you submit suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction.
11Suspension and termination
You may terminate your account at any time from the Account Settings page. We may suspend or terminate your account, with or without notice, if we reasonably believe that:
- You have breached these Terms;
- Your continued use poses a security, legal, or financial risk to us, other users, or third parties;
- Your subscription is past due after reasonable notice;
- We are required to do so by law, court order, or regulator.
Upon termination your right to use the Service ends immediately. Hosted bots are stopped, your stored broker tokens are deleted within seven days, and your account data is deleted within thirty days except where law requires longer retention. Provisions that by their nature survive termination (Sections 07, 10, 12, 13, 14, 15, 16, 18) will survive.
12Disclaimers and warranty exclusions
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR PROFITABLE.
We do not warrant that the Service will produce profitable trading results, that any signal, regime label, or strategy will perform as it has historically, or that orders will be received, accepted, or filled by any Broker. Past performance (whether real or backtested) is not indicative of future results.
13Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST TRADING OPPORTUNITY, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) AND (B) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
14Indemnification
You agree to defend, indemnify, and hold harmless HMM Trade, LLC and its affiliates from and against any third-party claims, damages, liabilities, and reasonable legal fees arising out of or relating to (i) your use of or access to the Service; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any law or third-party right, including any Broker's terms; or (v) any trading activity you conduct through the Service. We may, at our option, assume the exclusive defense and control of any matter you are required to indemnify, in which case you agree to cooperate with our defense.
15Changes to the Service and these Terms
We may modify, add, or remove features at any time and may discontinue the Service or any tier with reasonable advance notice (typically thirty days, except for security or legal reasons that require shorter notice).
We may revise these Terms from time to time. If a revision materially changes your rights or obligations we will notify you in-app or by email at least seven days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. The version date at the top of this document indicates when these Terms were last revised.
16Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or relating to these Terms or the Service shall first be addressed by good-faith negotiation for thirty days. Disputes that cannot be resolved by negotiation shall be submitted to binding arbitration before a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules in Wilmington, Delaware. The arbitrator's award shall be final and may be entered in any court of competent jurisdiction.
Class-action waiver. You and we agree that claims will be brought only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
17General
Entire agreement. These Terms, together with our Privacy Policy and Risk Disclosure, are the entire agreement between you and us regarding the Service.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of substantially all of our assets.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce any right is not a waiver of that right.
Notices. We send notices to the email associated with your account; you must keep that email current. You may send notices to us at legal@hmmtrade.com.
Force majeure. We are not liable for failures or delays caused by events beyond our reasonable control, including outages of cloud providers, brokers, exchanges, or public networks; natural disasters; war; or government action.
18Contact
Questions about these Terms can be sent to legal@hmmtrade.com. For account, billing, or security matters use support@hmmtrade.com or security@hmmtrade.com respectively.